[Federal Register: June 6, 2005 (Volume 70, Number 107)]
[Notices]               
[Page 32762-32763]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn05-20]                         

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

 
Denial of Commercial Availability Request under the United 
States-Caribbean Basin Trade Partnership Act (CBTPA)

June 1, 2005.
AGENCY: The Committee for the Implementation of Textile Agreements 
(CITA).

ACTION: Denial of the request alleging that certain coat weight fabrics 
of 100 percent carded camel hair, 100 percent carded cashmere, or a 
blend of carded cashmere and wool fibers cannot be supplied by the 
domestic industry in commercial quantities in a timely manner under the 
CBTPA.

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SUMMARY: On March 30, 2005 the Chairman of CITA received a petition 
from Neville Peterson, LLP, on behalf of S. Rothschild & Co., Inc. of 
New York, New York, alleging that certain coat weight fabrics of 100 
percent carded camel hair, 100 percent carded cashmere, or a blend of 
carded cashmere and wool fibers, classified in subheading 5111.19.6020 
of the Harmonized Tariff Schedule of the United States (HTSUS), cannot 
be supplied by the domestic industry in commercial quantities in a 
timely manner. The petition requested that outerwear articles of such 
fabrics be eligible for preferential treatment under the U.S. - 
Caribbean Basin Trade Partnership Act (CBTPA). CITA has determined that 
the subject fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner and, therefore, denies the 
request.

FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin 
Economic Recovery Act, as added by Section 211(a) of the CBTPA; 
Section 6 of Executive Order No. 13191 of January 17, 2001; 
Presidential Proclamations 7351 of October 2, 2000.
    BACKGROUND: The CBTPA provides for quota- and duty-free treatment 
for qualifying textile and apparel products. Such treatment is 
generally limited to products manufactured from yarns and fabrics 
formed in the United States or a beneficiary country. The CBTPA also 
provides for quota- and duty-free treatment for apparel articles that 
are both cut (or knit-to-shape) and sewn or otherwise assembled in one 
or more beneficiary countries from fabric or yarn that is not formed in 
the United States, if it has been determined that such fabric or yarn 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner. In Executive Order No. 13191 (66 FR 7271), CITA has 
been delegated the authority to determine whether yarns or fabrics 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner under the CBTPA. On March 6, 2001, CITA published 
procedures that it will follow in considering requests (66 FR 13502).
    On March 30, 2005 the Chairman of CITA received a petition from 
Neville Peterson, LLP, on behalf of S. Rothschild & Co., Inc. of New 
York, New York, alleging that certain coat weight fabrics of 100 
percent carded camel hair, 100 percent carded cashmere, or a blend of 
carded cashmere

[[Page 32763]]

and wool fibers classified in HTSUS subheading 5111.19.6020, cannot be 
supplied by the domestic industry in commercial quantities in a timely 
manner. The petition requested that outerwear articles of such fabrics 
be eligible for preferential treatment under the U.S. - Caribbean Basin 
Trade Partnership Act (CBTPA).
    On April 12, 2005, CITA published a Federal Register notice 
requesting public comments on the request, particularly with respect to 
whether these fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner. See Request for Public 
Comments on Commercial Availability Petition under the United States - 
Caribbean Basin Trade Partnership Act (CBTPA), 70 FR 19059 (April 12, 
2005). On April 28, 2005, CITA and USTR offered to hold consultations 
with the House Ways and Means Committee and the Senate Finance 
Committee, but no consultations were requested. We also requested 
advice from the U.S. International Trade Commission and the relevant 
Industry Trade Advisory Committees.
    Based on the information received by CITA, public comments, and the 
report from the International Trade Commission, CITA found that there 
is domestic capacity and ability to supply the subject fabrics in 
commercial quantities in a timely manner. In addition, CITA found there 
is domestic production of fabrics that appear substitutable for the 
subject fabrics for purposes of the intended use.
    On the basis of currently available information and our review of 
this request, CITA has determined that there is domestic capacity to 
supply the subject fabrics in commercial quantities in a timely manner. 
The request from S. Rothschild & Co., Inc. is denied.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc.05-11173 Filed 6-3-05; 8:45 am]